Martinez v. United States, No. 14-4258 (6th Cir. 2017)Annotate this Case
Martinez was convicted of distribution of controlled substances, mail fraud, wire fraud, health care fraud, and health care fraud resulting in the death of patients. He was sentenced to life imprisonment. The Sixth Circuit affirmed. Martinez filed, pro se, a 628-page motion to vacate his sentence under 28 U.S.C. 2255. The district court granted a motion to strike because the motion based on the 20-page limit in Northern District of Ohio Local Rule 7.1. The court later dismissed Martinez’s case with prejudice. The Sixth Circuit remanded to allow Martinez to re-file a compliant motion. Martinez filed a new motion, 23 pages long and accompanied by two letters and a 628-page affidavit. The court granted the government’s renewed motion to strike but gave Martinez an opportunity to file a compliant motion. Martinez did not timely re-file. The court dismissed the action. The Sixth Circuit affirmed. The district court correctly applied Local Rule 7.1. Section 2255 motions can be considered civil in nature but even if such proceedings are more criminal in nature, Federal Rule of Criminal Procedure 57 allows district courts to apply local rules if the litigant has notice. Martinez clearly had notice. Local Rule 7.1 is not inconsistent with any provision of section 2255.